Appellate Division: Second Judicial Department

M119520

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-11973, 2009-10722 In the Matter of Nora Lucas, et al., appellants, v Village of Mamaroneck, et al., respondents. (Appeal No. 1) In the Matter of Nora Lucas, et al., petitioners- respondents, v Board of Appeals of Village of Mamaroneck, et al., appellants, et al., respondents. (Appeal No. 2) (Index No. 09-15507, 08-2974)

DECISION & ORDER ON MOTION

Motion by Nora Lucas, Anthony Weiner, Jeffrey Falk, and Martha McCarthy-Falk to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on an appeal from a judgment of the Supreme Court, Westchester County, dated October 22, 2010, for leave to include in the record on appeal papers that are missing from the Supreme Court file but were considered by the Supreme Court, Westchester County, in rendering the judgment dated October 22, 2010, and to calendar the appeal together with an appeal from a judgment of the same court dated October 6, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew upon filing the record on appeal; and it is further,

ORDERED that the branch of the motion which is for leave to include in the record on appeal papers that are missing from the Supreme Court file but were considered by the Supreme Court, Westchester County, in rendering the judgment dated October 22, 2010, is granted; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same day.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court